Quesada

This appeal relates to the provisions of Vehicle Code sections 13353 and 13354. Section 13353, subdivision (a), as relevant here, provides that one lawfully arrested on probable cause to believe that he was driving a motor vehicle upon a highway while under the influence of intoxicating liquor shall submit to a chemical test for the purpose of determining' the alcoholic content of his blood. It further states that “The person arrested shall have the choice of whether the test shall be of his blood, breath or urine, . . .” If the person refuses to submit to such a test the Department of Motor Vehicles after certain proceedings “shall suspend his privilege to operate a motor vehicle for a period of six months.” (§ 13353, subd. (b).)

Section 13354, subdivision (e), provides: “If the test given under Section 13353 is a chemical test of urine, the person tested shall be given such privacy in the taking of the urine specimen as will insure the accuracy of the specimen and, at the same time, maintain the dignity of the individual involved.”

The facts are undisputed. Respondent Raymond Martinez Quesada was lawfully arrested on probable cause to believe that he was driving a…